Mississippi Lawyer Blog

A tragic accident occurred over the weekend in which three (3) Jackson, Mississippi children were killed and 7 others were injured. A preliminary investigation revealed that a Ford Expedition was carrying 10 people, two more people than recommended by the manufacturer. The investigation also showed that the tires on the vehicle were not the correct size. In fact, the tires on the vehicle were not capable of carrying the weight of the vehicle, occupants and luggage. Finally, the left back tire had low tire pressure resulting in a blow out. Once the tire blew out, the driver was apparently unable to control the vehicle leading to the crash. Sadly, none of the occupants were wearing safety restraints and the children were not in child safety seats.

It is critically important to follow the manufacturer's guidelines for tire size, pressure, and occupancy loads. In today's world, we get too busy to check such things or entrust them to others. If we can learn anything from this tragic accident it should be that vehicle maintenance is imperative. The most precious cargo we carry day after day is our family. Please take time to check your tire pressure when going on long trips or even day to day driving. Check to make sure the tires you have on your vehicle are the correct size. Lastly, please fasten your safety belts and make sure your children are properly restrained. Routine maintenance and safety belts can be a lifesaver.

Continue reading "Overloading, Low Tire Pressure, Wrong Tires Cited in Mississippi Fatal Crash" »

In Mississippi, 28% of all drivers do not have insurance. So out of every 7 cars you pass on the road, 2 cars do not have any insurance! This is the highest percentage of uninsured drivers in the United States.

It's important that you double check your insurance policy for "uninsured motorist coverage". This is the part of your auto policy that protects you from an uninsured driver.

Make sure that your uninsured motorist coverage is equal to your liability coverage. Many insurance agents will give you a lower uninsured motorist coverage amount, but since this is the part of the policy that protects you, you want the maximum coverage available.

At Coxwell & Associates, we represent people who have suffered serious injuries from accidents. However, we are limited as to what we can do for our clients (and not just by tort reform). Our legal system allows attorneys to recover money for their client's damages which includes long term medical expenses. And while it is fulfilling to help them obtain financial resources so that they can maintain their medical treatment, we know that many of our clients will never fully recover.

Sunday's Clarion Ledger had an article concerning brain injury victims in Mississippi that I found both interesting and sad. According to the article, "brain-injury survivors in Mississippi.....lack..long-term care facilities, such as Arkansas' Timber Ridge, or the Shepherd Center in Atlanta.." It is simply amazing in this day and age that Mississippi does not have a long term facility to assist our citizens who have suffered a brain injury.

The brain is a fascinating organ and a healthy brain is vital to a long and fulfilling life. Do you know why you can't tickle yourself? Because your brain distinguished between unexpected external touch and your own touch. When we blink, do you know why the "world doesn't go dark"? It's because our brain keeps the world luminated for us (we blink 20,000 times a day). Learn more more interesting brain facts here.

Continue reading "Mississippi Brain Injury Accident Victims Need Long Term Recovery Facility" »

I have blogged before about the danger of cell phone usage while driving. Now, the National Transportation Safety Board ("NTSB") is urging all states to ban cell phone usage for drivers.

The NTSB recommendation comes after its investigation into an accident in Missouri caused when a 19 year old rammed into a tractor trailer and then was rear ended by two school buses filled with children. The 19 year old had sent or received 11 texts in the 11 minutes prior to the accident. The 19 year old driver as well as one of the high school kids was killed. 38 people were injured.

Continue reading "Cell Phones Cause Serious Automobile Accidents; Ban Upcoming?" »

I usually like to write entries that are light hearted and amusing (at least to me). But this is a very somber article because it deals with the loss of children. The Clarion Ledger had an article today discussing driving accidents involving teenagers and young persons in general. The Jackson, Mississippi area has been devastated recently with car and truck accidents involving young people. The families of those lost will feel this pain for as long as they are alive. As a parent of a soon-to-be driver I am already worried about my son driving. So what can we do to help our children become better drivers?

-First and foremost, no cell phones/texting while driving! Studies have shown that texting while driving is more dangerous than being under the influence of alcohol.

-Absolutely zero drinking and driving. Parents who allow their underage children to drink, and yes there are some that do, are not only encouraging poor decision making but are also endangering their children's lives and those who ride in a car with them or those of us on the highways.

-Reduce night driving. A recent study showed that driving more than 3 hours at night have the same effect as drinking. This is especially relevant during the holidays as we have so many college students coming home for Christmas break.

-Wear seatbelts at all times. And this goes for the passengers as well. How many times do we have to read about an accident where the occupants were ejected from the car because they weren't wearing their seatbelts? Buckle up!

Continue reading "Mississippi Teens' Car Accident Stats Grim" »

There are serious and non-serious auto accidents around Jackson, Ridgeland, Madison the City, and throughout Mississippi every day. Then when it rains the number of auto accidents increase even more. At Coxwell & Associates we help people with serious accidents involving cars, 18 wheelers, trucks, boats, motorcycles, and any other type of accident causing serious or permanent injuries. The word serious means we help people who are injured. If a person has a "fender-bender," and no serious injury, then with a little good legal advice they can deal with the adjuster and handle the case themselves.

If you are involved in a traffic accident immediately stop you automobile. Never leave the scene of an accident. Leaving the scene is a crime. (Miss. Code Annotated, Sections 63-2-401 through 405). Nowadays law enforcement requests that you move your car out of the lanes of traffic if possible. If one person does not appear at fault then it may be wiser to leave your car until the law enforcement official arrives and notes the locations. If the accident involves death, injury or damages of $250.00 or more the police will file an accident report. If is usually good advice to ask for a police report in every instance.

If possible warn oncoming motorists with blinking lights or reflectors. It is not expensive to buy a safety kit at one of the major discount stores and keep it in the trunk of your car. These kits typically have reflectors, lights, and other types of equipment for stalled cars. Remember, you want to protect others and yourself. You should also call the police even if no one seems injured. Many times serious injuries may not manifest until weeks or months after an accident. At Coxwell & Associates we have seen many cases of auto accidents causing ruptured discs in the cervical or lumbar areas of the back which went undiscovered by doctors until months after the accident when the people eventually obtained an MRI.

It is always good advice to remain calm even if the other person is at fault and you are angry about the accident disrupting your plans or damaging a favorite car. When the police show up they are not going to be emotional. There have been many, many instances when an angry motorist who was not at fault went to jail because of a bad attitude. You might also anger the police so much that he misses important details of the accident.

If you are injured as a result of the accident you should obtain immediate medical attention. Tell the medical attendants, including ambulance drivers, where and what hurts. Many people do not know ambulance drivers and medical professionals usually write down much of what is said by the patient. Therefore, if you are hurting and you say everything is "fine," they are going to write down that "patient said he/she was fine." Remember, your goal should be to take care of your health. You may also wish to call an attorney immediately if the injuries are serious. At Coxwell & Associates we handle serious injury cases. We can have an investigator on the scene within minutes in order to take photographs, measurements, witness statements, or anything else we feel is valuable for your case.

After an accident you also want to get the names and address of witnesses. Write these down even if you also see the officer taking notes. At Coxwell & Associates we recently had a case where a 7 year old boy was hit by a car while standing in his yard. The boy's house was across the street from a church where a revival was taking place. There were dozens of people outside but the officer did not get a single witnesses' name. Why is this important? Because the boy was so close to the edge of his yard that I could tell the driver was going to claim the young boy stepped out in front of him. We found witnesses to confirm the driver of the auto lost control and swerved into the yard, but it would have been quicker if the officer had written down statements or someone with the boy's family, or if they had called Coxwell & Associates immediately after the accident.

When you are on the scene it is usually better to avoid comments about fault. If you have been rear-ended by another car, it is not going to hurt to say the other person hit you. But there are going to be accidents that are not clear cut. This is a tough position to be in because the office may want to speak with you. It is always important to be truthful but sometimes after an accident people can be shaken up and making comments before you speak with a lawyer may hurt your case. I want to emphasize it is very important to speak with a lawyer before you speak to any insurance adjuster. Don't forget the insurance adjuster for the other side wants to pay a little as possible. He is out to help his company, not you. If an adjuster calls do not discuss anything with him until you speak with an attorney. It is unfortunate but this is the advice we see violated most often. People will speak with the other side's adjuster and even give the adjuster a "carte blanche" right to get their medical records, including private, personal medical records that may not be relevant to the accident.

These are the major things to remember in every accident case. The more serious the accident or the more serious a person is hurt, the more these guidelines should be followed. It is usually good to discuss serious accidents with your family members and have a plan in the event a tragic accident happens. That way someone can take the steps necessary like calling the lawyer so an investigator can get on the scene or notifying other family members or the family doctor. Call your lawyer and do not talk to the other side's adjuster. Get the medical help you need and explain in detail to all medical providers what problems you are having after the accident. If you do these things you will be on your way to having a better legal resolution of your accident case.

Continue reading "What You Should Do After An Auto Accident" »

I am in the middle of litigating a very serious truck accident which cost a truck driver (our client's husband) his life. As I was preparing some discovery answers which included providing documents to the defense, I noticed how many times my partner, Merrida Coxwell, and I were in the pictures taken by our accident reconstruction expert. (That's me in the photo accompanying this blog). I never thought about it much but litigating truck accidents requires the attorney to be more hands on than most other civil cases.

For instance, when our expert went to the accident scene, Merrida was with him to get a better understanding of what happened. I went to view the trucks with the expert so I could gain more knowledge on downloading blackbox information and any other tidbits.

Of course, Merrida and I have always been "hands on" attorneys when it comes to trying cases. From investigating crime scenes to viewing autopsies, we prefer to be there in person rather than have someone interpret results for us. I would like to believe it is this kind of dedication that helps us serve our clients better.

Continue reading "Truck Accidents in Mississippi Require Hands On Attorneys" »

If you have small children, boys especially, then you have no doubt seen one of the Mr. Bean movies. Rowan Atkinson, the Mr. Bean actor, was involved in a minor car accident recently when his McLaren F1 sports car spun out and hit a tree. (Dang, Mr. Bean is making some serious bucks to be able to afford a McLaurin. One F1 recently sold for $4 million!) Fortunately for Mr. Atkinson, and Bean fans everywhere, he only suffered minor injuries.

We get calls all the time from folks who have minor car accidents with no bodily injury. Their car, however, is totaled. The problem arises with their insurance company. I recently had a family friend tell me that one of their relatives was in a car accident which was clearly the other person's fault. The other driver's insurance company admitted this BUT said the accident was because of "bad weather" and would not pay anything!

Continue reading "What Mississippians can learn from "Mr. Bean's" Car Accident" »

I'm so happy to be living in a city like Ridgeland, Mississippi. We have beautiful homes and neighborhoods. Top notch recreational facilities for sports. Great folks, great shopping, great restaurants, and great infrastructure. We have a real strong sense of community. Heck, Ridgeland is even a target="_blank""bike friendly community". Which brings me to the point of this blog. You cyclists need to obey the &%#@ traffic laws too!

In Mississippi, cars have to give cyclists at least 3 feet when they pass them on the street. I totally understand this. Of course, cyclists really should have sense NOT to drive on busy highways during rush hour traffic but nonetheless I will give them their 3 feet or slow down until I can pass them safely. All I want them to do is stop at a freakin' STOP sign.

I cannot tell you how many times I will pull up to a 4 way stop sign and have a group (or is it covey? flock?) of cyclists blow through the stop sign like they're riding in the Tour de France. Well I hate to burst your bubble you wannabe Lance Armstrong but you're just a schmuck wearing spandex pants you don't need to be wearing breaking the law and endangering lives. You see in Mississippi, cyclists must obey all traffic laws just like us lazy overweight car drivers. You want 3 feet? You got it, now come to a complete stop! What, you're going to slow your heart rate if you do? You may slow your heart rate permanently if you don't!

Continue reading "Mississippi Cyclists Must Obey Traffic Laws" »

The Clarion Ledger had an interesting article this morning about immunity for Mississippi police officers who are involved in automobile accidents. The article mentions one of our previous cases, Harris v. City of Jackson which you can read about here.

It is truly a shame that police officers and other state, county, and city workers have immunity for car accidents for which you and I would be held responsible. The only way to overcome this immunity is to show the Government worker caused the accident by acting with "reckless disregard" to a person's rights. In the Harris case, the officer was speeding at 100 mph and ran a red light smashing into our client's son who was turning on a green arrow. This was held to be "reckless disregard".

Continue reading "Immunity for Mississippi Police officers nvolved in crashes upsets innocent victims" »

On June 14, 2011 I attended oral argument at the Mississippi Supreme Court involving the constitutionality of Mississippi's cap on non-economic damages. The case was Learmonth v. Sears Roebuck Co. Non-economic damages are pain and suffering, worry, anxiety, etc. The cap is limited at $1 million. There is no cap on economic damages like medical bills, loss of wages, etc. Now, $1 million is a lot of money and it's hard to argue otherwise. However, some people who are injured do not have "economic damages" to recover so their only claim would be "non-economic damages".

For instance, let's consider a 30 year old lady who has given up her job and wants to stay home and raise her family. Suppose she suffers a horrific eye injury in a car accident which leaves her blind. She will not need future medical care and treatment and she has no lost future earnings. Her life expectancy is 77 years so she will have to live 47 years with no vision. Under our current law, her non-economic damages are capped at $1 million. What about a child who gets the same injury? What about a person who is retired?

Continue reading "Mississippi's Caps on Damages is good for who? Big Business and Insurance Companies" »

Cell phones are perfect for emergencies and for staying in touch whenever and wherever we need to be in touch. But there is growing evidence that phones and driving don't mix. With roads more crowded than ever and drivers seemingly more aggressive by the day, any distraction can lead to an accident, and cell phones definitely are a distraction.

A recent car accident caused by a driver distracted by a cell phone resulted in a $5.2 million settlement for the plaintiff. Debra was driving on an interstate highway when she was rear-ended by a sedan driven by an employee of International Paper Company. As a result of the collision, Debra had to have one of her arms amputated. Testimony showed that the driver who caused the crash was speeding and using her phone. In addition, the driver ignored her company's cell-phone policy, which requires the use of hands-free headsets while driving.

And while I am on this topic, did you know that texting was 23 times more dangerous than driving alcohol and driving? Many states across the U.S. have passed laws making it a misdemeanor crime to text and drive. The Mississippi House of Representatives offered a bill this year making it a crime to text while driving and the penalties were harsh. The bill did not get signed into law but I bet you can expect to see the law again next year. Texting and driving is very dangerous. Think about this next time you want to text and you have your children or another person in the car. No one wants to be responsible for causing harm to another person.

A few common-sense safety rules can help us avoid accidents and save lives:

• If traffic is heavy, turn off your phone.
• Pull off the road before phoning.
• Use a hands-free type of phone.
• Save stressful, intense calls for home or office.
• If you must phone while driving, do so only when you can easily respond to traffic conditions.

Continue reading "Using Cell Phones in Mississippi can lead to Serious Automobile Injuries" »

We should all be interested in saving kids' lives not only in Jackson, Ridgeland, and Madison, but in every county in Mississippi and every state in the United States. A new report has just come out stating that childred should stay in a rear facing child seat until age two (2) or they reach the correct weight for the seat. Kids should continue to use a booster seat until they are 4 feet 9 inches tall and continue to ride in the back seat of the car until they are 13 years old. Wow. I think back of the time when I was a kid and we crawled all over the car. We jumped on the backseat, climbed up to the front seat, put our head out of the windows, and did just about anything else you can do in a car when you are not strapped down.

One of the leading cause of death amoung young children is automobile deaths. The fact is we know more now then our parents knew about safety. Statistics can prove to us how and in what manner children are dying and we can do something to prevent these deaths. Safety has gottten more important both to the government and to some large companies. Believe it or not lawyers who bring product safety lawsuits have been responsible for many of the positive safety changes to consumers.

Here is a handy list of the various State Booster Seat Law Chart. If you want to be an advocate in Madison, Ridgeland, Clinton, Jackson, or any place in Mississippi there is a group you can join to help. People ask me all the time how I have so much time to to help charities or groups and I find that question funny. I don't feel like I do enough sometimes so if you are interested in being involved in one of these groups, "just do it."

I know when we as parents were trying to decide on a Child Safety Seat the choices were wide and varied. We did a good deal of research into the various seats. There was a interesting article in Parents Magazine called Ten Car Safety Seat Secrets. The article is short and worth the read.

Child safety is serious business. As parents we invest more in our children in terms of love, attention, time, and money then in anything else in life. Let's take the best care we can of them.

Continue reading "Save Kid's lives in Jackson, Madison, and Ridgeland" »

Ahhh yes. We are once again nearing that special time when kids of all ages get to experience Spring Break! But some "kids" enjoy Spring Break entirely too much. With thousands of college aged kids headed south with coolers full of six packs of bee..I mean cokes, the odds of getting arrested for DUI or being invovled in a car accident increase significantly.

I cannot tell you how many college Spring Breakers we have represented here in Mississippi who were stopped by the cops for minor traffic violations only to be found in possession of weed or other drugs. That really cut their fun short when they had to call Mom and Dad from jail to get bail money.

Tragedy often accompanies these bad decisions as well. In 2009, the National Highway Traffic Safety Administration reported that drunk driving claimed the lives of more than 10,000 motorists. Nationally, 32% of traffic fatalities for the year were alcohol related. Florida, a popular spring break destination, was over the national average, reporting 904 fatalities, or 35%, where at least one driver tested with a .01 BAC level. Alarmingly, 21% of fatalities occurred in Florida when the driver tested at a level of .15 or higher which is almost double the legal limit. The Fatality Analysis Reporting System used by the NHTSA reported March as the second most dangerous month when it comes to crashes involving alcohol.

Continue reading "Spring Break Time Means DUI's and Car Accidents" »

As lawyers we tend to forget that many people simply don't know what to do when they are involved in a car accident. Obviously, if you or someone else is hurt you need to call for medical personnel immediately. But what else can you do? Here is a helpful (hopefully) list:

1. Keep an Emergency Kit in Your Glove Compartment. Drivers should carry a cell phone, as well as pen and paper for taking notes, a disposable camera to take photos of the vehicles at the scene, and a card with information about medical allergies or conditions that may require special attention if there are serious injuries. Also, keep a list of contact numbers for law enforcement agencies handy. Drivers can keep this free fill-in-the-blanks accident information form in their glove compartment. The DocuDent™ Auto Accident Kit ($19.95), supported by AAA and insurance companies, offers a comprehensive kit that includes a flashlight, reusable camera and accident documentation instructions. A set of cones, warning triangles or emergency flares should be kept in the trunk.

2. Keep Safety First. Drivers involved in minor accidents with no serious injuries should move cars to the side of the road and out of the way of oncoming traffic. Leaving cars parked in the middle of the road or busy intersection can result in additional accidents and injuries. If a car cannot be moved, drivers and passengers should remain in the cars with seatbelts fastened for everyone's safety until help arrives. Make sure to turn on hazard lights and set out cones, flares or warning triangles if possible.

3. Exchange Information. After the accident, exchange the following information: name, address, phone number, insurance company, policy number, driver license number and license plate number for the driver and the owner of each vehicle. If the driver's name is different from the name of the insured, establish what the relationship is and take down the name and address for each individual. Also make a written description of each car, including year, make, model and color -- and the exact location of the collision and how it happened. Finally, be polite but don't tell the other drivers or the police that the accident was your fault, even if you think it was.

4. Photograph and Document the Accident. Use your camera to document the damage to all the vehicles. Keep in mind that you want your photos to show the overall context of the accident so that you can make your case to a claims adjuster. If there were witnesses, try to get their contact information; they may be able to help you if the other drivers dispute your version of what happened.

5. File An Accident Report. Although law enforcement officers in many locations may not respond to accidents unless there are injuries, drivers should file a state vehicle accident report, which is available at police stations and often on the Department of Motor Vehicles Web site as a downloadable file. A police report often helps insurance companies speed up the claims process.

6. Know What Your Insurance Covers. The whole insurance process will be easier following your accident if you know the details of your coverage. For example, don't wait until after an accident to find out that your policy doesn't automatically cover costs for towing or a replacement rental car. Generally, for only a dollar or two extra each month, you can add coverage for rental car reimbursement, which provides a rental car for little or no money while your car is in the repair shop or if it is stolen. Check your policy for specifics.

The final question in dealing with an accident is usually who will pay for the damages? If the accident was minor, you and the other drivers may decide to handle the damages yourselves without the involvement of an insurance company. But this isn't always the best idea, for several reasons.

While the other driver may agree to pay for the damage to your car on the day of the accident, he may see the repair bills and decide it's too high. At this point, time has passed and your insurance company will have more difficulty piecing together the evidence if you file a claim.

Also, keep in mind that you have no way of knowing whether another driver will change his mind and report the accident to his insurance company. He may even claim injuries that weren't apparent at the scene of the accident. This means that your insurance company may end up paying him a hefty settlement, or worse yet, you could be dragged into a lawsuit. So make sure that your company has your version of what happened and check your policy -- if the damages paid out by your insurance company are below a certain amount, the accident may not be considered chargeable. And you will avoid the penalty of a premium hike.

Auto accidents take a tremendous toll on everyone involved, both financially and emotionally. If you're one of the lucky ones who have thus far avoided a serious accident, hopefully the tips on prevention will help keep it that way. The chances are high, though, that at some point you will be involved in a minor accident. Just keep your head and make safety your primary concern. You'll have plenty of time to deal with the consequences later.

Continue reading "What do you do if you are in a car accident in Mississippi?" »